4. Other Crimes Flashcards Preview

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Flashcards in 4. Other Crimes Deck (10):

What is the definition of burglary?

Breaking and entering the dwelling of another at night with the intent to commit a felony inside


For burglary, what is a breaking?

Creating/enlarging an opening using at least minimal force


For burglary, what is a constructive breaking?

Entry gained by threats/fraud


What is the definition of arson?

Malicious burning of the dwelling of another


For arson, what two things are required of the burning?

1. Burning much be more than a scorch

2. The building itself must burn


What is the definition of false imprisonment?

Unlawful confinement of another without their consent


What is the definition of kidnapping?

False imprisonment  + moving/concealing the victim in a secret place


For possession of contraband, what two things must the defendant know?

1. That he possesses the item

2. What the item is and that it is illegal


For possession of contraband, what is constructive possession?

Contraband not in D's actual possession, but close enough for him to exercise dominion and control


What is receipt of stolen property?

Receiving possession and control of property you know was obtained illegally with the intent to permanently retain